The purpose of this proposed amendment is to amend an obsolete rulemaking authority reference in the current rule, to update a form number and date reference, to correct the reference to the Office’s zip code, to delete a requirement that the ...

 

DEPARTMENT OF FINANCIAL SERVICES

Finance

RULE NO.:                            RULE TITLE:

69V-180.030                            Consumer Collection Registration Form and Procedures

PURPOSE AND EFFECT: The purpose of this proposed amendment is to amend an obsolete rulemaking authority reference in the current rule, to update a form number and date reference, to correct the reference to the Office’s zip code, to delete a requirement that the registration fee be paid in certified funds, and to add a provision regarding the fingerprints of applicants to conform to statutory changes. The effect of this amendment is to provide the correct rulemaking authority reference in the current rule, to update a form number and date reference to conform to proposed new Rule 69V-180-002, F.A.C., to provide the correct zip code for the Office of Financial Regulation, to delete a requirement that the registration fee be paid in certified funds, and to add a provision regarding the fingerprints of applicants to conform to statutory changes.

SUMMARY: Subsection (1)(a) is proposed to be amended to change the title and form number for the consumer collection agency registration form, to include the effective date of the form, and to correct the zip code for the Office of Financial regulation. Subsection (1)(b) is proposed to be amended to remove the requirement the registration fee be paid in certified funds. Subsection (1)(c) is proposed as a new subsection to conform to statutory changes to Section 559.555, F.S. regarding the submission of fingerprints for control persons.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) No requirement for a SERC was triggered under Section 120.541(1) F.S.; and 2) The amendments will not exceed any one of the economic analysis criteria in a SERC, as set forth in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 559.554, 559.555, 559.5551 FS.

LAW IMPLEMENTED: 559.551, 559.553, 559.555 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: c. Michael Marschall, Division of Consumer Finance,[phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69V-180.030 Consumer Collection Registration Form and Procedures.

(1) Each person registering as a consumer collection agency shall submit the following to the Office of Financial Regulation:

(a) A completed Application for Registration as a Consumer Collection Agency form, Form OFR-559-101 OFR-CCA-102, effective ___________2-15-94, which is hereby incorporated by reference and available by mail from the Office of Financial Regulation, 200 East Gaines Street, Tallahassee, Florida 32399-0376 32399-0375;

(b) A non-refundable registration fee of $200, which shall be in certified funds, shall be the fee for the annual registration period beginning January 1 of each calendar year or any part thereof.

(c) Each control person required to be listed on the Application for Registration as Consumer Collection Agency, Form OFR-559-101, must submit fingerprints through a live-scan vendor approved by the Florida Department of Law Enforcement. A list of approved vendors is published on the Florida Department of Law Enforcement’s website (http://www.fdle.state.fl.us/Content/getdoc/941d4e90-131a-45ef-8af3-3c9d4efefd8e/Livescan-Service-Providers-and-Device-Vendors.aspx). Such fingerprints will be submitted to the Florida Department of Law Enforcement for a state criminal background check and the Federal Bureau of Investigation for a Federal criminal background check. The cost of the fingerprinting processing shall be borne by the applicant and paid directly to the live-scan vendor.

(2) Request for Additional Information. An incomplete registration form shall not be considered as validly received. A request for additional information will be made by the Office of Financial Regulation within thirty (30) days after initial receipt of the incomplete registration form by the Office of Financial Regulation. The additional information must be received by the Office of Financial Regulation within forty-five (45) days from the date of request. Failure to respond to the request within forty-five (45) days from the date of request shall be construed by the Office of Financial Regulation as grounds for rejection of the registration for failure to complete the registration and the registration shall be rejected pursuant to Section 120.60(2), F.S.

(3) Amendment of Pending Registration.

(a) A prospective registrant shall notify the Office of Financial Regulation within ten (10) days of the occurrence of any change in the information reported on the registration.

(b) A prospective registrant may amend the registration form as to those factors generally within the control or selection of the prospective registrant once, as a matter of course, at any time within thirty (30) days from its initial receipt for filing. Otherwise the registration form may be amended only with prior written permission from the Office of Financial Regulation. Requests to make changes which are material to the registration or to the Office of Financial Regulation’s evaluation of the registration filed at any time after initial receipt of the registration form shall be deemed by the Office of Financial Regulation to be grounds for rejection of the registration, and a new registration form, accompanied by the appropriate filing fee, shall be required.

(4) Withdrawal of Registration. A prospective registrant may request withdrawal of a registration prior to an initial determination of the registration being made by the Office of Financial Regulation by submitting a written request that the registration be withdrawn.

(5) Refunds. If the registration is withdrawn, voided, or rejected, the registration fee is non-refundable.

(6) Upon approval, a registration will be issued for the remainder of the annual registration period.

Rulemaking Authority 17.29 559.554, 559.555, 559.5551 FS. Law Implemented 559.551, 559.553, 559.555 FS. History–New 2-15-94, Formerly 3D-180.030, Amended __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gregory C. Oaks, Director, Division of Consumer Finance

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Financial Services Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 13, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 17, 2014